A federal judge will rehear arguments after the 2nd U.S. Circuit ordered a fresh review of whether Donald Trump’s New York hush-money prosecution should be transferred to federal court on presidential-immunity grounds. The appeals panel found the judge did not fully consider whether evidence at the state trial related to immunized official acts and whether that would change jurisdiction. If the judge finds such a connection, he must weigh whether the actions were part of White House duties and whether transfer remains possible after conviction.
Appeals Court Sends Trump Hush-Money Case Back for Review — Judge to Rehear Arguments on Presidential Immunity
President Donald Trump speaks to reporters after signing a spending bill that ends a partial shutdown of the federal government in the Oval Office of the White House, Tuesday, Feb. 3, 2026, in Washington. (AP Photo/Alex Brandon)(ASSOCIATED PRESS)
A federal judge will hear arguments Wednesday after the 2nd U.S. Circuit Court of Appeals ordered a fresh review of whether President Donald Trump’s hush-money case should be transferred from state to federal court on presidential-immunity grounds.
In November, the appeals court instructed U.S. District Judge Alvin K. Hellerstein to reconsider his prior decision to keep the case in New York state court rather than transfer it to federal court, where defendants sometimes seek dismissal based on claims of presidential immunity. A three-judge panel said Hellerstein erred by failing to address important issues bearing on that request, while noting the panel "express[es] no view" on the outcome he should reach.
Hellerstein, who was nominated by President Bill Clinton, has twice denied motions to transfer the prosecution. The first denial followed Trump’s March 2023 indictment; the second came after Trump’s May 2024 conviction and a later U.S. Supreme Court ruling about immunity for official acts by presidents and former presidents.
The 2nd Circuit’s order flagged that Hellerstein did not fully consider whether certain evidence admitted at the state trial related to "immunized official acts" and, if so, whether that evidentiary link transformed the case into one concerning official acts protected by immunity. The appeals court told Hellerstein to take a close look at any trial evidence the defense says concerns official duties.
If the judge finds the prosecution relied on evidence of official acts, the panel said he must weigh several factors: whether the contested actions can be fairly characterized as part of White House duties, whether Trump promptly and diligently sought transfer to federal court, and whether a transfer is still legally possible now that Trump has been convicted and sentenced in state court.
Trump was convicted in May 2024 on 34 felony counts of falsifying business records tied to payments to adult-film actor Stormy Daniels, whose allegation of an affair posed a threat to his 2016 campaign. He received an unconditional discharge — leaving the conviction intact but imposing no punishment. Trump denies Daniels’ allegation and has asked a state appellate court to overturn the verdict.
Trump is not expected to attend Wednesday’s hearing in federal court in Manhattan. Both sides have filed lengthy written briefs; Hellerstein’s renewed ruling following the hearing could be appealed again to the 2nd Circuit, extending the legal fight over whether presidential-immunity principles apply.
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